TERMS OF SERVICE

This page sets out our rules for using our website and services, which is referred to as our “Terms and Conditions” or “Terms of Service” from now on. We have translated it from lawyer-speak (legalese) to regular English, in case of the unlikely event that anyone actually wants to read it.

OVERVIEW

(In legalese….)

This website is operated by Albion Fire and Ice. Throughout the site, the terms “we”, “us” and “our” refer to Albion Fire and Ice. Albion Fire and Ice offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on a webserver in France, so you agree by using this site that your data can and will be transmitted out of the United Kingdom.

OVERVIEW

(In plain English….)

This website is operated b Albion Fire and Ice. Throughout the site, the terms “we”, “us” and “our” refer to Albion Fire and Ice.

To continue to use our website, you should be prepared to accept all of our terms and conditions.

By visiting this website, and/or buying any items, you agree to be bound by our terms and conditions and privacy policy.

These terms apply to all users of the website, including browsers, customers, staff, reviewers resellers, traders, wholesale customers and search engine bots.

Please read all of these terms carefully before accessing or using our website. Visiting other pages and/or making a purchase will be seen as acceptance.

We may update these terms at any time with no notice given. You are responsible for checking for any alterations to these terms.

Our store is hosted on a webserver in France, so you agree by using this site that your data can and will be transmitted out of the United Kingdom.

SECTION 1 – ONLINE STORE TERMS

(In legalese….)

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 1 – ONLINE STORE TERMS

(In plain English….)

By agreeing, you are declaring that you are aged 18 or above, or have parental permission to use our website.

You agree that you will not use our products or website for any illegal purposes or violate any laws in your country. This includes copyright laws, in particular stealing images.

You may not ‘attack’ this website or webserver with viruses, worms, or any other malicious attacks.

Any breach will force us to ban you from this website.

SECTION 2 – GENERAL CONDITIONS

(In legalese….)

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – GENERAL CONDITIONS

(In plain English….)

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your less sensitive information – name, address, etc may be sent or stored unencrypted in some cases. We do use encryption for all payment information, which is handled by the third party organisation Paypal.

You agree not to make copies of any material on our website without permission. This includes photographs, images, text, code, etc – with the exception of any images or information under a Creative Commons license.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

(In legalese….)

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

(In plain English….)

We can’t guarantee all the information on our website is up to date or accurate.

We change prices, stock information, even the descriptions and locales of our gemstones, minerals, and fossils. We do aim to keep our website as up to date and accurate as possible, though.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

(In legalese….)

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

(In plain English….)

Prices for our products are subject to change without notice.

We reserve the right to change or remove any of our products at any time, or any potential stock issues.

We are not liable for any price changes, alterations, downtime of this website, closing down of the company, or postal delays of any kind.

SECTION 5 – PRODUCTS OR SERVICES

(In legalese….)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5 – PRODUCTS OR SERVICES

(In plain English….)

Our products may have limited availability or be out of stock in some cases. We do accept returns, laid out in our returns policy.

We have tried to show our products accurately in the photographs, and are constantly improving our photos. However, every display looks different – a colour on a laptop will look different on a phone.

We may ban, or decline sales to any user or person, geographic region, country, etc. This is typically done for fraud prevention or due to either unreliable postal services or a humanitarian crisis in the area.

Our product descriptions, pricing, stock numbers, and images are subject to change at any time. We do not have to offer any form of notice. We can also disable or remove any product at any time. Offers may be limited by geographic rules, or to select customers.

We cannot guarantee the quality of our goods and services will absolutely meet your expectations. (Although I really hope they do!)

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

(In legalese….)

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

(In plain English….)

We reserve the right to refuse any order you place with us. We may also limit numbers that can be purchased – either by address, payment method, user, name, or product. If we make a change to or cancel an order, we will contact the e-mail provided at the time the order was made. We reserve the right to prohibit or remove orders at our discretion.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account information such as address and email address. This is to allow us to complete your orders correctly.

SECTION 7 – OPTIONAL TOOLS

(In legalese….)

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 – OPTIONAL TOOLS

(In plain English….)

We may link to third party services or websites, which we have no control over.

You agree that we are not responsible for third party websites and agree that we have no liability from your use of any third party services. You should also read the terms and conditions of these websites or services.

We do add additional pages, products, and features to this website. These features will also be subject to our terms and conditions.

SECTION 8 – THIRD-PARTY LINKS

(In legalese….)

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 – THIRD-PARTY LINKS

(In plain English….)

In some cases, there will be third party links on our website.

We are not responsible for the content of these third party websites, and will not have any liability or responsibility for them.

We cannot be held responsible for any problems you have with any third party websites or services we have linked to. If you have a complaint or concern with a third party, please contact them directly.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

(In legalese….)

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

(In plain English….)

In some cases, you may send material to us – ideas, suggestions, plans, pictures, comments, or reviews.

These may be sent by email, mail, online, Facebook, etc. You agree that we can edit, copy, publish, translate, distribute or re-use these in any way for our purposes, advertising and otherwise.

We are not responsible for keeping these submissions private, paying for them, or replying to them.

We may remove any content that we decide is illegal, immoral, offensive, copyrighted, or breaks any terms of service.

You agree that your comments and reviews do not breach copyrigh, privacy, or any other rights of a third party.

You agree that your comments will not contain unlawful, offensive, or immoral material, or contain any virus, malware or malicious code that could threaten this website or any other.

You may not use a fake email address or name, pretend to be someone else, or use any means of disguising the origin of your comments – of which you are solely responsible. We take no responsibility or liability for comments posted by you or anyone else.

SECTION 10 – PERSONAL INFORMATION

(In legalese….)

SECTION 10 – PERSONAL INFORMATION

(In plain English….)

For information on how we may use your information, go read our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

(In legalese….)

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

(In plain English….)

Occasionally there may be inaccuracies on our website. This can include spelling mistakes, inaccuracies, etc. They may relate to products, pricing, offers, shipping, delivery times, and stock.

We may correct any of these inaccuracies at any time without notice; including after you have placed an order. We may also cancel orders or contact you to change orders if any information was incorrect.

We cannot guarantee, and are not liable, if any information on our website is out of date or incomplete, unless required by law.

Any update date listed on a page is no guarantee that every single page on the website has been modified or updated on that date!

SECTION 12 – PROHIBITED USES

(In legalese….)

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 – PROHIBITED USES

(In plain English….)

As well as other rules in this document, you are banned from using the website to perform any illegal actions, encouraging others to perform any illegal actions, violate any laws, violate our copyright/intellectual property rights, or those of anyone else.

You are not allowed to abuse, harrass, discriminate, etc. In short, play nice.

Do not submit false or misleading information.

Do not upload any form of malicious code that may cause or be used to damage the website, business, or any other computer systems.

Do not attempt to track the personal information of others. Do not spider the website, or crawl without permission.

Do not use the website for any offensive purposes, or interfere with any form of the security features of this or any other website.

We reserve the right to ban you by email, name, address, or IP for any breach of these rules.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(In legalese….)

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Albion Fire and Ice, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(In plain English….)

We can’t guarantee our website will be secure, speedy, uninterrupted or error free. Same, unfortunately, goes for the postal services we use. We can’t guarantee any products or information on the website is accurate or reliable.

We may close the website or sales for any period of time, or permanently, without any prior notice.

Your use of this website and our services are purely your own risk. Our products are provided as-is, without any guarantees. They are, however, stones.

We will not be held responsible for any injury, loss, damages of any kind, or claims of any kind arising from your use of our website, our services, or any of our products. This includes errors or omissions on our website.

As some places do not allow the total exclusion or limitation of liability, in those places our liability is limited to the maximum extent of the law in those locations.

SECTION 14 – INDEMNIFICATION

(In legalese….)

You agree to indemnify, defend and hold harmless Albion Fire and Ice and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – INDEMNIFICATION

(In plain English….)

You agree not to blame us and to point out we are not responsible for any breach you may make of these terms and conditions and other related policies. This includes claims or demands from third parties due to breaches of our terms of services, or your breaches of any law or the terms of a third party.

SECTION 15 – SEVERABILITY

(In legalese….)

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – SEVERABILITY

(In plain English….)

If any part of this document is determined to be inaccurate, illegal, or unenforceable, that part will be severed from these terms and conditions. This will not affect the rest of the terms and conditions, which will still be applied.

Any part of the document that is found to be unenforceable or unusable will be enforced to the extent permitted by any applicable laws.

SECTION 16 – TERMINATION

(In legalese….)

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 – TERMINATION

(In plain English….)

If we decide, or you decide, to cancel the acceptance of these terms and conditions, any obligations or liabilities for either party before that date are still valid. If you decide to terminate these terms and conditions, you may do so by notifying us that you no longer wish to use our services, or by simply stopping using our services or website.

If we believe you have failed to comply with any part of our terms and conditions, we may cancel this agreement at any time, without notice. You will be liable for any amounts due to us. We may then deny you access to our services or website.

SECTION 17 – ENTIRE AGREEMENT

(In legalese….)

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 – ENTIRE AGREEMENT

(In plain English….)

Just because we don’t enforce any of our rights or any sections of these terms and conditions does not mean we cannot in future.

These terms of service and any other rules posted by us supersede any prior agreements we have.

SECTION 18 – GOVERNING LAW

(In legalese….)

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England, where the company ‘Albion Fire and Ice’ is based, at 80 Braunstone Lane, Leicester, LE3 2RU, United Kingdom.

SECTION 18 – GOVERNING LAW

(In plain English….)

These terms and services and any other agreements with our company are governed by the laws of The United Kingdom, where we are based. Our legal address is Albion Fire and Ice, 80 Braunstone Lane, Leicester, LE3 2RU.

SECTION 19 – CHANGES TO TERMS OF SERVICE

(In legalese….)

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – CHANGES TO TERMS OF SERVICE

(In plain English….)

You can review the most current version of the Terms of Service at any time at this page.

We may edit our terms and conditions and any other part of our website, at any time, with no notice. It is your responsibility to check for any changes in these policies. Any use or access to this website will be seen as accepting our terms.